Existing
State Law
California
In 1999, California passed Assembly Member Lempert’s
AB
703 and AB
2380 relating to ballast water management. AB 703 required
the person in charge of a vessel to employ prescribed ballast
water management practices for ballast water carried into
the waters of the state from areas outside the “exclusive
economic zone.” AB 2380 allowed for the charging of
ballast water management fees. In February 2003, Assembly
Member Nation introduced AB 433 that revises the existing
law pertaining to control of nonindigenous species and ballast
water management. This bill deletes exemptions for specified
vessels from compliance with the existing law and requires
the master, owner, operator or person in charge of specified
vessels to retain and make available to the State Lands
Commission, additional information, including a separate
ballast water log to outline ballast water management. If
enacted, the bill will also require the commission to take
samples from at least 25% of arriving vessels.
Maryland
In 2000, Maryland passed HB
1305, the Ballast Water Management Act, sponsored by
Delegate Hubbard. This bill requires the Department of the
Environment to adopt specified guidelines relating to vessel
ballast water management. It also requires specified persons
to complete and return a form relating to vessel ballast
water management. In addition, the bill specifies penalties
for violations of the Act.
Oregon
SB
895, the Ballast Water Management Act, was passed unanimously
in 2001. It declares support for strong national and international
ballast water regulations, and requires commercial ships
over 300 gross tons to conduct an open sea exchange before
discharging ballast contents into state waters. Open sea
exchange is defined as a replacement of ballast water at
least 50 nautical miles offshore.
Washington
In 2000, Representative Regala introduced HB
2466, which creates a ballast water monitoring program
that mandates at-sea exchange or treatment by July 2002.
It was signed by the Governor in March, 2002. The bill declares
support for the international maritime organization and
United States coast guard efforts, and the state intends
to complement, to the extent its powers allow it, the United
States coast guard’s ballast water management program. |
